When the accused is aggrieved by the report of the Clinical Psychologist as to his unsoundness of mind,…

The proviso to section 328(1A) permits an accused aggrieved by the psychiatrist/clinical psychologist’s finding to appeal to a Medical Board: the head of the psychiatry unit in the nearest government hospital and a psychiatry faculty member in the nearest medical college. It is not an appeal to the trial Magistrate, Sessions or High Court under this particular provision.

Current law: BNSS section 367(2), proviso, retains appeal to a Medical Board but specifies the head of psychiatry in the nearest Government hospital and a psychiatry faculty member in the nearest Government medical college. Section 531 saves specified pending CrPC proceedings. BNSS also expressly locates the initial psychiatrist/clinical-psychologist referral in a Government hospital or Government medical college.